LEASE AGREEMENT (3) LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this6ta, of V.�n 2011,
by and between the CITY OF CLEARWATER, FLORIDA, a murucipal corporation, hereinafter
referxed to as "Lessor", and,Bruce Littler, Inc., a Florida corporation, Room 2, 2A and 3, 25
Causeway Boulevard, Clearwatex, Florida 33767, hereinafter referred to as "Lessee."
That in consideration of the covenants herein contained of the granting of this lease and the
sums paid and to be paid hereundex, the Lessor hereby leases to the Lessee and the Lessee hereby
leases fxom the Lessor according to the terms, condirions and covenants herein contained the
following described premises in the City of Clearwater, Pinellas County, Florida, to wit:
See attached Exhibit "A."
THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS:
1. This lease shall be one s� (6) month lease term beginning, October 1, 2011, and ending
Maxch 31, 2012. The Lessor retains the right to terminate this lease fox any municipal need
consistent with the Lessor's chartex, as well as failute to pay rent in a timely mannex or change in use
of the pxoperty. In addition,Lessor may terminate this lease if the State of Florida ox any of its
agencies or political subdivisions thereof acquires the demised property or any portion thereof for a
public purpose. This right of termination is in addition to the right of termination set out in
paragxaph 14 of this Agxeement.
2. The Lessee hereby covenants and agrees to pay rental thexeof as follows:
a) To pay $1,588.11 plus sales tax on the first day of the month, and shall be delinquent if
not paid on or before the fifth day of the month.
b) Any amount due from Lessee to Lessor under this lease which is not paid before the day
the payment becomes delinquent shall bear intexest at the rate of fourteen (14%) percent per month
fxom date due until paid,plus a late charge of Ten Dollars ($10.00) to cover Lessor's expenses in
collecting such delinquency.
c) In addition to the first month's rent of$1,588.11 plus tax,which is due and payable on
the first day of the lease, the Lessee shall owe no addirional deposit to secure the faithful
performance of the Lessee's obligations hereundex. The Lessor may deduct from the deposit,
already in City possession, any amount that might become due from the Lessee to the Lessor for
damage to the premises or for any reason or cause whatsoever except rent. At the end of this lease,
.__....._------.__— _ _.-------._ . ...___ _. . __...__.- ------ ------._ _...._.._. . _...__.. __._..__ _. -- _.... . ... .............
Bruce Littl�r, Inc. Lease(Rooms 2, ;��t�;3} h�'�c�� �
the deposit amount or the balance thereof,if any, shall be credited to Lessee's last monthly rental
payment.
3. The demised premises shall be used only for the purpose of conducting therein the
business of selling antiques, marine supplies, collecribles, furniture, decor, new and used boat sales,
naurical clothing, accessories, shoes,gifts, jewelry,vintage fishing tackle and accessories, marine
related products and real estate.
4. The Lessee hereby covenants and agrees to make no unlawful,improper, or offensive use
of the leased premises. Lessee further covenants and agrees not to assign, mortgage, pledge,
hypothecate or sublet this lease or any of its right herein in whole or in part without the prior
written consent of Lessox. The consent of Lessor to any assignment, mortgaging, pledging,
hypothecating or subletting shall not constitute a waiver of the necessity for such consent to any
subsequent assignment, mortgage,pledging,hypothecating oY subletting. If this lease is assigned, or
if the premises or any part thereof are sublet ox occupied by anybody other than Lessee,Lessor may
collect rent from the assignee, sub-tenant or occupant, and apply the net amount collected to the
rent herein required,but no such occupancy or collecrion shall be deemed a waiver of this covenant,
or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of Lessee from the
futther performance by Lessee of covenants on the part of Lessee herein contained. If at any time
during the term of this lease, any part or all of the corporate shares of Lessee shall be transfexred by
sale, assignment,bequest,inheritance, operation of law or other disposition so as to result in a
change in the present effective voting control of Lessee by the person, persons or entity which
presendy is the ultimate owner of a majority of such corporate shaxes on the date of this leases,
Lessee shall promptly notify Lessor in writing of such change. If the new ownex is a private or
public corpoYation,Lessor shall prompdy advise Lessee if it has any objections thexeto and the
reasons therefor. Lessor may terminate this lease any time after such change in control by giving
Lessee thirty (30) days prior written norice of such termination. Lessee shall not peYmit any business
to be operated in ox from the premises by any concessiona.ixe oY Licensee.
5. Lessee agrees that it will promptly pay all ad valoxem real property taxes and personal
propexty taxes that may be assessed and filed against the demised property or the leasehold created
by this agreement, or both, during the term of this lease. Lessee further agrees that it will pay any
state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all
other taxes and fees, including,but not limited to, occuparional license,beverage license, and
permits relating the opexarion of the business conducted on the demised premises,which are
Bruce Littler, Inc. Lease(Rooms 2, 2A&3) �� Page 2
required by law. Nothixig herein shall obligate Lessee to pay or to reimburse Lessor for the payment �
of assessments for permanent improvements,including but not lixnited to sidewalks, sewers, and
streets, that would benefit the demised premises.
6. The Lessee hereby covenants and agrees to pay all bills for electrical service to the
premises when due to Pxogress Energy Corporarion,in accordance with the company's rates and
billing. At no expense to the Lessee, the Lessor agrees to fuxnish a refuse disposal location and a
refuse disposal container located outside the demised premises fox the use of the Lessee.
7. The Lessee further covenants and agrees to opexate the business authorized to be
conducted on tlie premises during the term of this lease, except for any period of time involved in
natuxal disasters,including governmental oxdexs or requirements such as evacuation for hurricane
prepararions, and any time necessary to repaix or replace any damage caused to the demised premises
by as natural disaster.
8. The Lessee assumes full responsibility for and covenants and agrees to save harmless and
indemnify the Lessor from any and all liability for damage to property and injury to persons resulting
from or in connection with the Lessee's use and occupancy of the demised premises under this lease.
In addition, during the term of the lease,Lessee shall at Lessee's expense obtain and maintain
insuxance coverage conforming to the requirements in Exhibit "B" attached hereto. Nothing
contained hexein shall be construed as a waivex of any immunity from or lunitation of liability the
Lessor may be enrided to under the doctrine of sovereign unmunity or secrion 768.28, Florida
Statutes.
9. If at any time during the term of this lease, the building or premises or any part, system oY
component hereof(hereinafter, the "demised pxemises") shall be damaged or destroyed to the extent
that the Lessee cannot operate the business authorized to be conducted thereon, and the Lessor
determines that said demised premises can be restoYed by making appropriate Yepairs, the monthly
rent as provided for in paragxaph 2a above shall abate until the demised premises have been restored
ox until commencement of business by the Lessee,whichever is sooner.
If the demised premises shall be totally destroyed or so damaged as to render it practically useless
during the term of this lease, then and in that event, the Lessee or Lessor may terminate this lease as
of the date of such damage or upon five (5) days written norice to the other party to this lease.
In the event of damage or destruction as enumerated above, and except as otherwise specifically
provided under this agteement, both parties waive any and all rights of recovery against the other
party for any direct or indirect loss occuxring to the demised pxemises or as a result of damage or
Bruce Littler, Inc. Lease(Rooms 2,2A &3) � pag� 3 �
destruction of the demised premises.
In the case of demolition and reconstruction of the Marina or major renovation by construction,
the Lessee shall be given the first opportunity to bid for similar space,provided that space for
Lessee's type of business is allocated therein.
10. Except as otherwise provided herein,upon the happening of any one or more of the
following events ("Events of Default"):
a. Lessee's default in the payment of any rental or other sums due fox a period of
five (5) days aftex the due date;
b. Lessee's continued default with respect to any other covenant of this lease fox a
period of five (5) days after receipt of written notice of such default by Lessee from Lessor,
provided that if such default reasonably xequires more than five (5) days to cure, there shall be no
Event or Default if Lessee has commenced curative action with the five (5) day period and diligently
pxosecutes such action to completion;
c. TheYe shall be filed by or against Lessee in any court pursuant to any statute either
of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or
arrangement, or for the appointment of a receivex or trustee of all or a portion of Lessee's property,
or if Lessee makes an assignment for the benefit of creditors or if there is an assignment by
operation of law, or if Lessee makes application to Lessee's creditors to settle oY compound or
extend the time for payment of Lessee's obligations, or if execution, seizure ox attachment shall be
levied upon any of Lessee's;propeYty ox the premises are taken or occupied ox attempted to be taken
or occupied by someone other than Lessee; however,in the event of execution, seizure or
attachment,Lessee may post a bond satisfactory to Lessor which bond shall stay the default
xesulting from any execution,levy, seizure or attachment for a period of 30 days. Failure to remove
the levy, seizure or attachment within the 30 day period shall constitute an Event ox Default, and the
bond posted shall be forfeited; or
d. Lessee's vacating or abandoning the premises; then Lessor, at its option, may
exercise any one or more of the following remedies which shall be cumulative;
(1) Terminate Lessee's right to possession under this lease and xe-enter and
take possession of the premises, and xe-let or attempt to re-let the premises on behalf of Lessee;
however, such re-letting or attempt to re-let shall only involve a prospective tenant capable of
providing comparable or bettex type service, at such rent and under such texms and conditions as
__... _ _�---.__._._._._......._...____._ - — ----_...�._._----.._._._._..____..___.._.__..__..._..__._._._.__
Bruce Littler, inc. Lease{Rooms 2, 2A&3} pa�� ,.�
Lessor may deem best undeY the circumstances for the purpose of reducing Lessee's liability, and
Lessor shall not be deemed to have thexeby accepted a surrender of the premises, and Lessee shall
rema.in liable for all rents and additional rents due under this lease and for all damages suffered by
Lessor because of Lessee's bYeach of any of the covenants of this lease. Said damages shall include,
but not be limited to, chaxges fox removal and storage of Lessee's propexty,remodeling and repairs,
leasing, coinmissions and legal fees. In addition to its xemedies hereunder,Lessor may accelerate all
fixed xentals due under this lease,in which event the Lessee shall be liable for all past due rent,
accelerated rent and damages as described above; howevex,with respect to the accelerated rent,
Lessor shall receive only the present value of such accelerated rent. At any time during repossession
and re-letting pursuant to this subsection,Lessor may by delivering written notice to Lessee, elect to
exercise its option undex the following subparagraph to accept a surrendex of the premises,
terminate and cancel this lease, and retake possession and occupancy of the premise on behalf of
Lessor.
(2) Declare this lease to be terminated,whereupon the term hereby gxanted
and all rights, title and interest of Lessee in the premises shall end and Lessor may xe-enter upon and
take possession of the premises. Such terminarion shall be without prejudice to Lessor's right to
collect from Lessee any rental ox additional rental which has accrued prior to such termination
together with all damages,including, but not limited to, the damages specified in subpaxagraph (1) of
this paragraph which axe suffered by Lessor because of Lessee's breach of any covenant under this
lease.
(3) ExeYCise any and all rights and privileges that Lessor may have under the
laws of the State of Floxida and the United States of America.
11. The Lessee hereby covenants and agrees to keep and maintain the pxemises and f�tures
located herein in good condition and xepair during the term of this lease and any extension hereof,
and to return the premises to the Lessox upon the expiration of the term hereof in as good condition
as they now axe, oxdinary weax and tear and damage by the elements only excepted. No alteration or
improvements may be made to the premises without the written consent of the Lessor. Any and all
fiYtures attached to the pxemises shall revert absolutely and become the property of the Lessor upon
the expirarion of the term hexeof;provided, however, that the Lessor at its option may require the
Lessee to remove all fixtures, partitions,racks, shelves ox other improvements from the premises
upon the expiration of the term of the lease at the cost of the Lessee. Any damage to the premises
occasioned by said removal shall be repaired at the Lessee's expense.
Bruce Littler, Inc. Lease(Rooms 2, 2A&3) �� p��� �;
12. The Lessee, at its own cost, may place only window,wall or canopy signs on the
demised premises, provided said signs aYe appxoved as to color, style and lettex size by the Marine &
Aviation Director of the Lessor, and additionally conform to the sign ordinance of Lessor presendy
in force or as may be amended from time to time during the term of the lease. No other signs shall
be placed or maintained by the Lessee on the premises. Any nonconforming sign now on the
premises shall be removed by the Lessee within 5 days of approval of the lease. The Lessee shall,
upon expiration or texmination of the lease, completely xemove any and all signs that have been
placed on the leased premises by the Lessee.
13. If at any time during the term of the lease the Lessee is authorized to make
improvements to the demised premises,Lessee agrees in such event to indemnify and save harmless
the Lessor as follows:
a. Fox any mechanic's lien which may be asserted as a claim against the leased
property; and
b. For faithful pexfoYmance of the covenants contained in paragraph 11 above; and
c. To obtain from the contractor a good and sufficient performance and payment
bond signed by a reputable insurance company doing business in Florida,which bond shall be in an
amount equal to one hundred (100%) percent of the cost of construction of the contemplated
unprovements to the demised premises, guaranteeing that the improvements will be completed and
that subcontractors, laborers and material men will be paid in accordance with the contract for the
improvements.
14. In the event of the acquisition of this property or any portion thereof by exercise of
proper authority,by any governmental agency other than Lessor,whether by eminent domain or
otherwise,it is undeYStood and agxeed that norificarion of the insriturion of such action shall be
promptly given Lessee, so the Lessee may intervene in such action as a party. Lessee agrees to
comply with the results of any such actions, and agrees to release and hold the Lessor harmless from
any damages resulting thereof.
15. Lessor covenants and agrees that upon payment by Lessee of the rents herein provided,
and upon observance and performance by Lessee of all the covenants, terms and conditions
required of the Lessee by the lease,Lessee shall peaceably and quiedy hold and enjoy the leased
premises for the term of the lease without hindrance or interruption by Lessor.
16. Notices hereunder shall be given only by registered or certified mail, and shall be
Bruce Littler, Inc. Lease{Rooms 2, 2A&3) � ����m���pa�e r; �
deemed given when the letter is deposited in the mail, postage and other charges prepaid, addressed
to the party fox whom intended at such party's address fixst herein specified or to such other address
as may be substituted therefox by proper notice hereunder. Lessox's norices shall be directed in care
of its Law Department at the above-cited address.
17. As requi.xed by Secrion 404.056(8), Florida Statutes, the Lessee shall take norice of the
following:
RADON GAS: Radon is a naturally occurring radioactive gas that,when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings m
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. By acceptance and signature of"Exhibit C", the undersigned shall personally guarantee
to Lessor the timely perfoxmance of all covenants and pxovisions of this Lease Agreement,
including, but not limited to the timely payment of all rent due hereunder.
19. This lease agreement constitutes the entire contract between Lessor and Lessee
concerning the leasing of the premises and consideration thereof.
20. In the event either party seeks to enforce this agreement or interpret any pxovision
thereof by law, or through attorneys at law, each party agrees to pay for its own attorney's fees and
costs, and that jurisdiction shall be in a court of competent jurisdiction in Pinellas County, Florida.
IN WITNESS WHEREOF, the parries hereto have set their hands and seals this �� day
of �Cmb¢� , 2011.
Countersigned: � � CITY OF CLEARWATER, FLORIDA
� � By: B.��.�
Fxank . Hi bax William B. Horne, II
Ma x City Manager
pprove o c ���OF1NfC��`
Attest: C � ��,f� Q
Camilo Soto Rosemaxie Call �— �
Assistant City Attorney City Clerk ` �� �
��� � �v
Bruce Littlex, Inc. '/�aT��
�
���� // __
B ���L��%�C �,
r Bruce Littler,P�i!esident
Bruce Littler, Inc. Lease(Rooms 2, 2A&3) �� � pag� •,
Exhibit "A"
LEGAL DESCRIPTION
Room/s 2, 2A & 3 Clearwater Marina Building, located on Lots 11 and 12 of City Park Subdivision,
according to the map or plat thereof as recorded in Plat Book 23, page 37 of the public records of
Pinellas County, Florida.
Exhibit "B"
INSURANCE REQUIREMENTS
1. Liability Insurance. Lessee shall maintain:
a. Comprehensive General Liability insurance to include premises/operator liability and
electrical liability in an amount not less than $1,000,000 combined single limit Bodily Injury
Liability and Property Damage Liability.
b. Comprehensive Plate Glass Insurance on a replacement cost basis covering loss or
damage by any means, except by fire, ox war,whether declared or not, to the plate glass
windows in the demised premises.
c. Worker's Compensation Insurance applicable to its employees for statutory coverage
limits in compliance with Florida laws.
2. Additional Insurance. The City is to be specifically included as an addirional insured on all
liability coverage described above.
3. Notice of Cancellation or Restriction -All policies of insurance must be endorsed to provide the
City with thirty (30) days notice of cancellation or restriction.
4. Cerrified Copies of Policies/Certificate of Insurance. Upon specific written request of the City,
the Lessee shall provide the Lessor with certified copies of all policies of insurance as required
above. In the absence of a specific written xequest, the Lessee shall provide the Lessox with
Certificates of Insurance showing the Lessee has, at all times, the insurance coverage required by the
Lease. Unless notice is given to Lessee otherwise, such Certificates of Insurance shall be provided
to the Maxine&Aviation Director. The first Certificate of Insurance required by the lease shall be
provided to the Marine &Aviarion Director before occupancy of the demised premises by the
Lessee.
.—..._._.... � -----.._._...._...._..__.__-------_----_._------- ----._.................---____------_.__...._ ---
Bruce Littisr, Inc. Lease(Rooms 2, 2A & 3} p�g� �;
Exhibit "C"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
�
Guaxanty is made this_�day of ��d1�•v>'1.��'C , 2011, by Bruce Litder, City of
Clearwater, County of Pinellas, State of Florida, herein referred to as "Personal Guarantors:,being
the owner respectively, of Bruce Littlex, Inc., herein referred to as "Obligor:, to CITY OF
CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater, Florida 33758, herein Yeferred to
as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to Obligor,whose business address is 25
Causeway Blvd., City of Clearwatex, County of Pinellas, State of Florida, for use by Obligor in
conducting its business of selling antiques, marine supplies, collectibles, furniture, decor, new and
used boat sales,nautical clothing, accessories, shoes, gifts, jewelry,vintage fishing tackle and
accessories,maxine related products and real estate.
2. The lease is condirioned upon guarantoYS giving security for payment of rent thereunder in the
foxm of a personal guaranty.
SECTION ONE
STATEMENT OF GUAR.ANTY
Guarantors guarantee payment of rent under the attached lease agreement pursuant to the
terms thereo£ If obligor defaults in the payment of any installment of rent, guarantors shall pay the
amount of such installment within 5 days after receipt of notice of default and demand for payment.
Guarantox's liability hereunder shall not be affected by reason of any extension of time for payment
of any installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the six (6) months of this lease. Thereafter,if the
lease is xenewed on the same terms, this guaranty shall remain in force until receipt by obligee of
written notice of revocation from guarantors, or until ternunated pursuant to Section three hereof.
Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate
this guaranty as of the end of the six month period.
_____...___..—_...------ ---------____.___ ___�----
Bruce Littler, Inc. Lease{Rooms 2, 2A &3) Page �,
w / �
SECTION THREE
LIMITATION OF LIABILIT'Y
The maxirnuxn amount recoverable by obligee from guarantors pursuant to this guarantee is
$9,528.66 plus tax,which amount is equal to six (6) months rent. If the aggregate of payments made
by guaxantors hereundeY Yeaches the above-mentioned amount, this guaranty shall terminate
unmediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaxanty is expressly waived.
IN WITNESS WHEREOF, guarantors have executed this guaranty at Clearwater Municipal
Marina the day and year first above written.
-,
— �> �'...,
--� ____
�-___-
Guarantor - Bruce L�xfler
�______...__...._---- --._.._._....._------.._.___.__ ----.__.__.....----___.__.._._.._..__._._________.
Bruce Littier, Inc. Lease(Rooms 2, 2A &3} ��gp ;�;